?At what stage(s) in the criminal process may a suspect be released? When may a case be dismissed before trial?
What will be an ideal response?
A criminal suspect may be released and the case dismissed prior to trial at various stages throughout the criminal process. If, after the arrest, the police conclude that there is not enough evidence to justify recommending the case for prosecution, the police will release the suspect. If the police do refer the case to the prosecutor, the prosecutor may decide there is insufficient evidence to prosecute and release the suspect. The magistrate may find, at the preliminary hearing, that the evidence is insufficient to establish probable cause, and the defendant would be released. Alternatively, if a grand jury does not find that probable cause exists and fails to issue an indictment, the defendant would likewise be released, and the case would be dismissed. At an arraignment, the defendant can move to have the charges dismissed for a variety of reasons, such as the statute of limitations having expired. The case may also be dismissed based on pretrial motions filed by the defendant, such as motions to suppress evidence and motions to dismiss based on a variety of grounds.?
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Define the term legalese and give an example. Should legalese be used in legal writing?
Why or why not?
A local electrician in a small community performs some electrical wiring in a residential home. Some other electricians in the general area also utilize the same procedures. As a result of alleged negligence in the wiring, the plaintiff suffers an electric shock and is seriously injured. The likely result is:
a. The electrician will prevail by establishing he met local standards. b. The plaintiff will prevail because the electrician's conduct will be judged by a national standard, not a local standard. c. It will depend upon which side has the better expert witness(s). d. The electrician will prevail because he did not intend this injury to occur.
The APA specifies that no hearing is necessary when adjudicative decisions are based solely on any of the following except:
a. tests b. elections c. inspections d. records
Rules are the primary law relied upon by the court in the analysis or reasoning component of the case
a. True b. False